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Judiciary

Demanding payment of penalty despite interim order of division bench is untenable

May 30, 2023 399 Views 0 comment Print

Madras High Court held that issuance of communication to pay penalty amount within prescribed period, despite of interim orders of division bench directing customs department not to take coercive steps, is untenable in law.

Construction and other services necessary for renting of business eligible for CENVAT

May 30, 2023 528 Views 0 comment Print

CESTAT Chandigarh held that construction services and other services which are necessary for the renting of the business falls in the definition of ‘input service’ as provided under Rule 2(l) of Cenvat Credit Rules, 2004.

Case selected for scrutiny on TP risk parameter has to be referred to TPO

May 30, 2023 3177 Views 0 comment Print

ITAT Mumbai held that as per paragraph 3.2 of the Instruction no. 3/2016 dated 10th March 2016, cases selected for scrutiny on a TP risk parameter has to be referred to TPO after obtaining approval from PCIT/ CIT. Non-complying with the instruction renders the order erroneous and prejudicial to the interest of revenue.

Job-worker liable to discharge duty in absence of undertaking under notification no. 83/94-CE

May 30, 2023 741 Views 0 comment Print

CESTAT Delhi held that unless there is an undertaking by the principal manufacturer that they would discharge the duty liability (notification no. 83/94-CE), the job worker is liable to discharge duty on the clearances from the premises of job worker.

AO has no power to reject method of valuation resorted in absence of any infraction

May 30, 2023 1218 Views 0 comment Print

ITAT Delhi held that the assessee has option to determine the method of valuation and the AO has no power to reject the method resorted by the assessee as no infraction of methodology has been brought out by the AO.

ITAT Deletes Addition of Cash Deposit during Demonetization as Source submitted

May 30, 2023 306 Views 0 comment Print

ITAT Kolkata ruled in Mahendra Kumar Parakh vs. ITO that cash deposit during demonetization was from past savings, directing AO to delete the addition of Rs. 2,50,000.

ITAT Allows Appeals, Remits Cash Ownership Determination to Assessing Officer

May 30, 2023 558 Views 0 comment Print

In Hira Lal Kadlabju vs. ACIT, ITAT Amritsar remits the case back to the assessing officer as the ownership of seized cash remains undecided pending High Court determination.

HC directs dept to consider C Forms which could not be produced due to COVID 19

May 30, 2023 852 Views 0 comment Print

Vodafone Idea Limited vs. Union of India case: Karnataka High Court remands matter to assessing officer for considering C Forms, affected by COVID-19.

Liquidator should consider average of value arrived as per regulation 35 of CIRP Regulation, 2016

May 29, 2023 744 Views 0 comment Print

NCLAT Delhi held that liquidator is obliged to consider the average of the value arrived as per Regulation 35 of the CIRP Regulation, 2016.

Disallowance of late deposit of employees’ share of PF/ ESI beyond prescribed due date is sustained

May 29, 2023 10215 Views 0 comment Print

ITAT Chandigarh held that disallowance for late deposit of employees’ share of PF/ ESI contribution to relevant funds beyond prescribed due date under respective Act is duly sustainable in law.

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